United States First Circuit

Conviction and sentence for conspiring to distribute marijuana, money laundering, and tax evasion affirmed where: 1) denial of new trial motion and denial of hearing on that motion were warranted as plaintiff failed to prove withholding of material evidence that caused him prejudice; 2) district court acted within its discretion to refuse to receive evidence on the government's sentencing practices and to refuse to hold a hearing on the government's failure to file a substantial assistance motion; and 3) plaintiff's sentence is procedurally sound and substantively reasonable.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, MERRITT  and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward S. MacColl, with whom Thompson, Bull, Furey, Bass & MacColl, LLC, P.A. was on brief, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney was on brief, for appellee.